Good Neighbour Bylaw No. 2194, 2014

Williams Lake, British Columbia · adopted 2014-09-02

This is the exact embedded text of the captured official document. Snapshot 4ba4d1a14657 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE CITY OF WILLIAMS LAKE GOOD NEIGHBOUR BYLAW NO. 2194, 2014 "CONSOLIDATED VERSION" ~ i ~ Table of Contents 1. INTERPRETATION .................................................................................................. 1 2. SEVERABILITY ........................................................................................................ 2 3. GENERAL REGULATIONS ........................................................................................ 2 4. ADMINISTRATION ................................................................................................. 2 5. STREET NUISANCES ............................................................................................... 2 Restrictions on Panhandling ...................................................................................2 General Nuisances - Public Behaviour ....................................................................3 Public Places ................................................................................................3 Fighting, Loitering, Assembly of Persons .....................................................3 Projectiles ....................................................................................................3 6. NOISE REGULATION .............................................................................................. 3 Exemptions .............................................................................................................3 Special Exemptions .................................................................................................3 Construction Permits ...................................................................................3 Community Notification ..............................................................................4 Mobile Public Address Systems ..............................................................................5 General Prohibitions ...............................................................................................6 Specific Prohibitions ...............................................................................................6 Boat Noise ..............................................................................................................7 7. PROPERTY MAINTENANCE ..................................................................................... 7 Exemptions .............................................................................................................7 Regulations .............................................................................................................8 Rubbish, Garbage and Discarded Material ..................................................8 Accumulation of Offensive or Unwholesome Matter .................................8 Accumulation of Water ...............................................................................8 Maintenance of Grass and Vegetation ........................................................8 Accumulation of Firewood ..........................................................................8 Accumulation of Motor Vehicle Parts or Other Mechanical Materials .......8 Motor Vehicles ............................................................................................9 Recreational Vehicles ..................................................................................9 City Infrastructure........................................................................................9 Graffiti ..........................................................................................................9 Accumulation of Building Materials ......................................................... 10 Compost Sites ...................................................................................................... 10 Nuisance Escaping Property ................................................................................ 11 Water, Eaves Troughs and Downspouts ................................................... 11 Dust and Airborne Matter ........................................................................ 11 Outdoor Lighting ....................................................................................... 11 Flyers and Debris ...................................................................................... 12 Pests .................................................................................................................... 12 Fences .................................................................................................................. 12 City Lanes and Boulevards ................................................................................... 13 ~ ii ~ Snow and Rubbish Removal / Sidewalk Maintenance ........................................ 13 Sprinkling Regulations ......................................................................................... 14 8. DERELICT BUILDINGS ........................................................................................... 15 Regulations .......................................................................................................... 15 Exemptions .......................................................................................................... 16 Permits and Inspections ...................................................................................... 16 Inspections of Exterior of Derelict Buildings without Notice .............................. 17 Derelict Building Registration Permit .................................................................. 17 Commercial, Multi Family, Industrial Permit ....................................................... 17 Residential (Single and Two Family Properties) .................................................. 17 Display of Permits ................................................................................................ 18 Monitoring Inspections ....................................................................................... 18 No Additional Permit without Council Approval ................................................. 18 Partial Refund of Permit Fee ............................................................................... 18 Council May Order Additional Permit to be Issued ............................................. 18 Criteria for Additional Permit .............................................................................. 19 Conditions of Additional Permit .......................................................................... 19 Additional Permit Fees ........................................................................................ 19 Demolition of Derelict Buildings by City .............................................................. 19 Recovery of City Costs through Sale of Property ................................................ 20 9. COMPLIANCE ORDERS ......................................................................................... 20 Service of an Order .............................................................................................. 20 10. ENFORCEMENT AND PENALTY ........................................................................... 22 Enforcement ........................................................................................................ 22 Penalty ................................................................................................................. 22 Vicarious Liability ................................................................................................. 22 11. REPEAT NUISANCE SERVICE CALLS ..................................................................... 23 12. SCHEDULES ....................................................................................................... 24 Schedule "A" - General Bylaw Definitions ........................................................... 25 Schedule "B" - Street Nuisance Definitions ......................................................... 27 Schedule "C" - Noise Regulation Definitions ...................................................... 29 Schedule "D" - Property Maintenance Definitions .............................................. 30 Schedule "E" - Derelict Building Definitions ........................................................ 33 Schedule "F" - Derelict Building Regulations ...................................................... 35 Schedule "G" - Derelict Building Standards ........................................................ 37 Schedule "H" - Derelict Permit Registration Fees .............................................. 39 Schedule "I" - Excessive Nuisance Fee Schedule ............................................... 40 Schedule "J" - Sprinkling Permit Fees ................................................................. 41 14. ADOPTION ........................................................................................................ 24 Page 1 of 41 CITY OF WILLIAMS LAKE BYLAW NO. 2194 BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO ENHANCE THE QUALITY OF LIFE FOR THE CITIZENS OF THE CITY OF WILLIAMS LAKE - "GOOD NEIGHBOUR BYLAW". WHEREAS the Council for the City of Williams Lake desires to protect Quality of Life for its citizens, and endeavors to promote civic responsibility, and further, strives to encourage good relationships between neighbours. AND WHEREAS the Community Charter authorizes officers, employees and agents of the municipality to enter at all reasonable times on any property to ascertain compliance with the municipality's bylaws; AND WHEREAS Council deems it appropriate to require an owner of property to safeguard, secure and protect abandoned or unoccupied buildings from property damage, unauthorized entry or occupation for the protection of persons and property; NOW THEREFORE the Council of the City of Williams Lake in open meeting assembled hereby enacts as follows: 1. INTERPRETATION: 1.1 This Bylaw may be cited as "City of Williams Lake Good Neighbour Bylaw No. 2194, 2014". 1.2 Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act or Local Government Act or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. Page 2 of 41 1.3 Schedules "A" - "J" contain definitions of terms used in this Bylaw. 1.4 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. 1.5 The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. 2. SEVERABILITY: 2.1 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder. 3. GENERAL REGULATIONS: 3.1 No person shall obstruct or interfere with a bylaw enforcement officer in the exercise of his duties. 3.2 A Bylaw Enforcement Officer is hereby authorized to enter, at all reasonable times in a reasonable manner, on any property subject to the regulations of this Bylaw, to ascertain whether the regulations or directions contained herein are being observed. 4. ADMINISTRATION: 4.1 The General Manager of Planning & Operations is hereby appointed to administer and carry out the provisions of this Bylaw. 4.2 Words defining responsibilities and authority shall be construed to be an internal administrative direction and not as creating a duty. 5. STREET NUISANCES: 5.1 Schedule "B" contains definitions of terms used in Part 5 of this Bylaw. 5.2 Restrictions on Panhandling 5.2.1 No person shall panhandle in a manner to cause an obstruction. Page 3 of 41 5.3 General Nuisances - Public Behaviour 5.3.1 Public Places (a) No Person shall use abusive or grossly insulting language, or sing or shout in a boisterous manner as to create a disturbance, in any Public Place. (b) No Person shall urinate or defecate in a public place other than in a washroom designated for use by the public. 5.3.2 Fighting, Loitering, Assembly of Persons (a) No Person shall participate in a fight or other similar physical confrontation in any Public place. (b) No Person shall be a member of an assembly of three or more Persons in any public place where a Peace Officer has reasonable probable grounds to believe the assembly will disturb the peace of the neighbourhood, and any such Persons shall disperse as requested by the Peace Officer immediately. (c) No Person shall loiter and thereby obstruct or create a Nuisance with any other Person in any Public Place. 5.3.3 Projectiles (a) No Person shall cast, project or throw any stones or balls of snow or ice or other missiles or objects in any manner in a Public Place, which may be dangerous to the public. (b) No Person shall use any bow or arrow, catapult or other such device in a Public Place. 6. NOISE REGULATION: 6.1 Schedule "C" contains definitions of terms used in Part 6 of this Bylaw. 6.2 Exemptions 6.2.1 Notwithstanding anything contained herein, no person shall be guilty of an infraction of this Bylaw while: (a) Operating any vehicle or equipment of the Municipality, Fire Department, the RCMP or any other public body engaged in carrying out a public service or carrying out work in or on a highway, park or the Municipal Public Works Yard. Page 4 of 41 (b) Performing works of an emergency nature for the preservation or protection of life, health or property, provided that the onus shall be on the person performing the work to show cause that the work was of an emergency nature. (c) Lawfully carrying on a trade or industry at a commercial, industrial or light industrial zoned area, provided that the sound or noise does not exceed the sound or noise common to such trade or industry where carried out in accordance with generally accepted industry standards using equipment and facilities in good operating order. (d) Farm operations conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act, if located in areas designated for that use in the City's Zoning Bylaw, as amended from time to time. (e) Operating residential household equipment including, but not limited to, pool pump motors, air conditioning units, exhaust fans, hot tub pumps, provided that the sound or noise there from does not exceed the sound or noise common to such household equipment when in good operating order and being used in accordance with generally accepted industry standards. (f) Where a permit for a special event, which in the City Council's opinion is in the public interest, in which case the requirements of this bylaw may be waived. (g) The use of a lawn mower between the hours of 7:00 am and 10:00 pm Monday to Friday and between the hours of 8:00 am and 10:00 pm on Saturday or Sunday, or a Statutory/Civic Holiday. 6.3 Special Exemptions 6.3.1 Construction Permits (a) Where the General Manager of Planning and Operations or City's Senior Building Inspector considers that it is impossible or impractical for a person to comply with Section 6.2.1 (e) and (f), the Senior Building Inspector may grant an exemption to carry out work that is found to be necessary, at designated hours on designated days and on such other terms and conditions as the Senior Building Inspector considers reasonable under the circumstances. Page 5 of 41 6.3.2 Community Notification (a) Where an exemption to the noise bylaw is granted, the applicant will notify businesses and residents within 45 metres of the parcel property lines. The applicant will also send a copy of the community notification to the City of Williams Lake Development Services Department and the RCMP. The notification will be in writing and forwarded at least 24 hours and no more than 7 days prior to the exempted noise. The notification shall include: (i) The applicant's information: a. The company and or construction company name, address, and telephone number; b. The project name and address of the construction site; c. The 24 hour monitored contact name and contact number. (ii) The details of the exempted work: a. Potential disruptions and other relevant activity including lights, construction cranes, trucks, etc.; b. The reasons why the noise exempted work are necessary; c. Information about the exemption granted as well as any limitations or conditions imposed by the City regarding the exemption as well as a description of any steps taken or planned to minimize the noise nuisance; d. Telephone numbers for the City of Williams Lake and the RCMP. 6.4 Mobile Public Address Systems 6.4.1 No person shall operate a mobile public address system without first obtaining a current Business License and Commercial Vehicle Decal and complying with the following terms and conditions: (a) Upon application in writing, a Business License may be granted by the City's Business License Inspector, or designate, for a mobile public address system, provided such system is used and operated as follows: (i) The system must not be operated while the motor vehicle, trailer or other device containing the system is parked on a highway; (ii) The system must not be operated more than once per day on any residential highway which has on either side of it an area zoned residential under the City's Zoning Bylaw; and (iii) The system must not be operated so as to cause a nuisance or other disturbance to any person. (b) The Manager may cancel a license for a mobile public address system if the license holder fails to comply with the requirements and restrictions on use of the system established in this Bylaw, or otherwise causes a nuisance. Page 6 of 41 6.5 General Prohibitions 6.5.1 No person shall make or cause, or permit to be made or caused, any noise in or on a highway or other public place in the City which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of that place. 6.5.2 No person being the owner, occupier or tenant of Real Property shall allow or permit such Real Property to be used so that noise or sound which occurs thereon or emanates there from, disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons on the same property or in the neighbourhood or vicinity of that property. 6.5.3 No person being the owner, occupier or tenant of Real Property shall allow or permit such Real Property to be used so that noise or sound which occurs thereon or emanates there from, disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons on the same property or in the neighbourhood or vicinity of that property and is deemed to be an excessive noise or and excessive nuisance by a bylaw officer or member of the RCMP. 6.6 Specific Prohibitions 6.6.1 Without limiting the generality of Sections 6.5.1 and 6.5.2 herein: (a) No person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any highway or other public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of those premises or place. (b) No person being the owner, occupier or tenant of Real Property shall allow or permit his real property to be used by a person or persons for playing or operating any radio or stereophonic equipment or other instrument or other apparatus for the production or amplification of sound in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of said real property. (c) Subject to Sub-Section 6.2.1 (d), no person shall own, keep or harbour any animal or bird, which by its cries or sounds unduly disturbs the peace, quiet, rest or tranquility of the surrounding neighbourhood or of persons in the vicinity. (d) No person may operate, or cause, suffer or permit the operation of, any motorized lawn-grooming or garden equipment in the City between the hours of 10:00 pm and 7:00 am Monday to Friday and between the hours of 10:00 pm and 8:00 am on Saturday or Sunday, or a Statutory/Civic Holiday. BL2236 (01/12/15) Page 7 of 41 (e) Subject to Section 6.3.1, no person in the City shall, on any day before 7:00 am or after 10:00 pm, construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on a highway or elsewhere in the City which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity. (f) Subject to Section 6.3.1, no owner of Real Property shall, on any day before 7:00 am or after 10:00 pm, cause, permit or allow a person to construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on any Real Property, a highway or elsewhere in the City which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity. 6.7 Boat Noise 6.7.1 No person shall launch or operate a motorboat from any lands in the City if that motor boat is equipped with an exhaust system that permits the exhaust gases from the engine to be expelled directly into the air without first passing through the water unless the boat motor is equipped with a muffling device that ensures the exhaust gases from the engine are cooled and expelled without excessive noise that disturbs the quiet, peace, rest, enjoyment, and comfort of the neighbourhood or of persons in the vicinity. 7. PROPERTY MAINTENANCE: 7.1 The Owner of a property is ultimately responsible for all activities on their Property which may constitute contravention of this bylaw. 7.2 Schedule "D" contains definitions of terms used in Part 7 of this Bylaw. 7.3 Exemptions 7.3.1 Part 7 of this Bylaw does not apply to farm operations conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act, if located in areas designated for that use in the City's Zoning Bylaw, as amended from time to time. 7.3.2 Part 7 of this Bylaw does not apply to the orderly outdoor storage of goods and chattels when permitted by the City of Williams Lake Zoning Bylaw No. 1825, 2002. Page 8 of 41 7.4 Regulations 7.4.1 Except as permitted under Section 7.3.1 and 7.3.2 of this Bylaw, no owner or occupier of Real Property shall cause, suffer or permit: (a) Rubbish, Garbage and Discarded Material: All Owners shall not permit the accumulation of Rubbish, Garbage or Discarded Material upon Real Property and shall remove the same there from. (b) Accumulation of Offensive or Unwholesome Matter: All Owners shall not permit offensive or unwholesome matter upon Real Property in plain sight and shall remove the same there from. (c) Accumulation of Water: No Owner shall permit water to collect or accumulate or otherwise hold water upon a Real Property that has become sufficiently stagnant as to permit the breeding of mosquitoes which may result in the spread of West Nile virus or other harmful disease-bearing insects. (d) Maintenance of Grass and Vegetation: (i) No owner of Premises shall allow grass or weeds on the Premises to become unsightly. (ii) No Owner shall permit the accumulation of dead landscaping, vegetation, noxious weeds or other growths to occur or to remain on the Real Property. (iii) No Owner or Occupier of Premises shall allow any Vegetation to: a. Interfere or obstruct any work done by the City or Utility; b. Obstruct any Highway or Sidewalk; c. Impair the visibility at any intersection adjacent to the Premises. (e) Accumulation of Firewood: Unless otherwise regulated, all Owners shall not permit the accumulation of firewood upon Real Property, unless stored in open stacked rows. (f) Accumulation of Motor Vehicle Parts or Other Mechanical Parts: Owners shall not permit the accumulation of motor vehicle parts or other mechanical parts upon Real Property and shall remove the same, except where the storage of motor vehicles is a permitted use pursuant to the City of Williams Lake Zoning Bylaw. Page 9 of 41 (g) Motor Vehicles: In residential zones, with lot sizes under 1700 square metres, Owners shall not permit more than one (1) motor vehicle that is not registered, licensed and insured to operate on a public highway to remain on real property, unless those vehicles are entirely enclosed within a building meeting the regulations of the Building Code of BC. Owners with lot sizes over 1700 square metres shall not permit more than two (2) motor vehicles that are not registered, licensed and insured to operate on a public highway to remain on real property, unless those vehicles are entirely enclosed within a building meeting the regulations of the Building Code of BC. The second vehicle must be stored in the rear of the front face of the principle building and must be in compliance with all ancillary requirements, setback requirements and sight lines. (h) Recreation Vehicles: In residential zones, with lot sizes under 1700 square metres, no more than one (1) recreation vehicle may be parked per dwelling unit. Additional recreation vehicles may be parked or stored on the property such that the vehicle is entirely enclosed within a building meeting the regulations of the Building Code of BC. For Owners with lot sizes over 1700 square metres, no more than two (2) recreation vehicles may be parked per dwelling unit. Additional recreation vehicles may be parked or stored on the property such that the vehicle is entirely enclosed within a building meeting the regulations of the Building Code of BC. The second recreation vehicle must be stored in the rear of the front face of the principle building and must be in compliance with all ancillary requirements, setback requirements and sight lines. (i) City Infrastructure: No Owners shall permit trees or bushes or their root systems located on their property to become injurious to or interfere with City roadways, sidewalks, electrical utilities or other utilities or works and shall remove the offending trees and or bushes or the offending portions of trees and or bushes there from. (j) Graffiti: No person shall place graffiti on a building, structure, wall, fence, or any other surface that is visible from a public place. All Owners shall not permit graffiti to remain on Real Property for which they are the Owner thereof and shall remove the graffiti there from. (i) The City shall give written notice to an owner of real property, stating that the City will take the action if that person does not comply with Section 7.4.1 (j) within 14 days of service of the notice. Page 10 of 41 (ii) The City shall give written notice to an owner of real property stating that the City will take action if that person does not comply with Section 7.4.1 (j) within 48 hours of service of the notice, if the graffiti demeans a person or group or class of persons based on race, colour, ancestry, place of origin, religion, physical or mental disability, sex or sexual orientation or such person or group or class of persons, or is deemed by the RCMP and/or Bylaw Department to be gang related and/or offensive. (iii) Where a property owner fails to comply with the notice issued by the City under Sections 7.4.1 (j) (i) or 7.4.1 (j) (ii), the City, by its workers or designate, at reasonable times and in a reasonable manner, may enter on the real property and effect such work as is deemed necessary and appropriate by the City, or its designate, to take action required by the notice. (iv) Bylaw Officers are authorized to enter at all reasonable times and in a reasonable manner on all real property to determine whether the requirements of this Bylaw are being observed (k) Accumulation of Building Materials: All Owners shall not permit the accumulation of building materials upon Real Property and shall remove the same there from except those building materials that are permitted upon Real Property where the Owner is in possession of a valid and existing building permit issued by the City or is otherwise in the process of construction or improvements upon the Real Property. 7.5 Compost Sites 7.5.1 No Owner or Occupier of Premises shall place or allow to be placed cat feces, dog feces, animal parts or meat on a Composting Pile or in a Composting container on the Premises. 7.5.2 No Owner or Occupier of Premises shall allow a composting pile, which is not fully enclosed in a container, on the Premises, within three (3) metres of an adjacent dwelling house, measured from the nearest part of the Composting pile to the nearest part of the adjacent dwelling house. 7.5.3 Every Owner or Occupier who allows a Composting container or Composting pile to remain on Premises must ensure that it is maintained in such a manner that is does not become a Nuisance by creating offensive odours or attracting Pests. Page 11 of 41 7.6 Nuisance Escaping Property 7.6.1 In making a determination with respect to an Offence under this part a Bylaw Officer acting in a reasonable manner will take into consideration any or all of the following factors: (i) The frequency of the activity; (ii) The intensity and duration of the activity; (iii) The time and day of the season; (iv) The nature of the surrounding area; (v) The effect of the thing or activity on a complainant or complainant; and (vi) The effect of the thing or activity on the surrounding area. 7.6.2 Water, Eaves Troughs and Downspouts (a) No Owner or Occupier of Premises shall allow a flow of water from a hose or similar device on the Premises to be directed towards adjacent Premises if it is likely that the water from the hose or similar device will enter the adjacent Premises. (b) An Owner or occupier of Premises shall direct any rainwater downspout or eaves trough on Premises towards the front or rear of the Premises or a side yard which does not abut another Premise unless it is pre-existing, otherwise authorized or would be considered unreasonable or impractical to change. (c) No Owner or Occupier of Premises shall allow a flow of water from a hose or similar device, rain, downspout or eaves trough to be directed over a public sidewalk so as to be a hazard to any Person. 7.6.3 Dust and Airborne Matter (a) No Person shall engage in any activity that is likely to allow dust or other airborne matter that may disturb any other Person to escape the Premises without taking reasonable precautions to ensure that the dust or other airborne matter does not escape the Premises. 7.6.4 Outdoor Lighting (a) No Owner or Occupier of Premises shall allow an outdoor light to point or shine directly into the living or sleeping areas of an adjacent dwelling house. (b) No Owner or Occupier of Premises shall allow an outdoor light to shine in a manner in which it will interfere with the effectiveness of a traffic control device, operation of a Motor Vehicle or the proper use of a Sidewalk or Highway. Page 12 of 41 (c) An outdoor light shall not constitute a violation of Section 7.6.4 (a) if the Owner or Occupier of the Premises shields the light from pointing or shining directly at the living or sleeping areas of the adjacent dwelling house. (d) Where an outdoor light is permitted or required pursuant to the Building Bylaw, a development permit or a similar approval, the Building Bylaw, a development permit or a similar approval shall take precedence over this Bylaw, and the light shall not constitute a violation of Section 7.6.4 (a). 7.6.5 Flyers and Debris (a) An Owner or Occupier of Premises shall ensure that articles such as papers, flyers and loose debris are collected and contained on the Premises so that they do not escape onto adjacent or other neighboring properties. (b) An Owner or Occupier of Premises is responsible for papers and flyers on their Premises regardless of whether they solicited for the delivery of these papers or flyers. (c) No Person responsible for the operation of a business engaged in the distribution of commercial flyers shall allow the deposit of their commercial flyers on Premises where signs or notices have been posted and are clearly visible at the entrance to a dwelling unit, indicating that such material is not wanted. 7.7 Pests 7.7.1 Every Owner or Occupier of Premises unless authorized by the City shall not allow the formation, by Pests, of any hives, nests, or colonies on said Premises. 7.7.2 Every Owner or Occupier of Premises shall remove and destroy immediately any hives, nests, or colonies upon discovery of the same. 7.8 Fences 7.8.1 No person shall allow a fence, located on property of which he is the owner or occupier, to fall into a state of disrepair. 7.8.2 Where, in the opinion of the Municipality's Building Inspector, or designate, a fence has fallen into a state of disrepair, written notice shall be given to the owner or occupier of the real property involved giving thirty (30) days notice to repair the fence to the satisfaction of the Municipality's Building Inspector, or designate, or remove the fence. Page 13 of 41 7.9 City Lanes & Boulevards 7.9.1 No owner or occupier of Real Property adjacent to a boulevard or lane, or any other person, shall deposit or permit the deposit of any garden or vegetation waste materials containing weeds on or upon a boulevard or lane adjacent to the Real Property; and (a) Shall not allow grass or weeds on the boulevard to exceed fifteen (15) cm in length; and (b) No person shall park a Motor Vehicle or Recreational Vehicle on a Boulevard (unless a valid permit authorized under the authority of the City of Williams Lake Traffic Control Bylaw has been issued to the property owner). 7.9.2 An owner or occupier that has: (i) curb and gutter, or (ii) curb and gutter and sidewalk, or (iii) curb and sidewalk, installed and completed, shall be responsible for the installation and maintenance of landscaping on that part of the boulevard between the owner's lot line and the curb. 7.10 Snow and Rubbish Removal/Sidewalk Maintenance 7.10.1 Every owner or occupier of any building or premises within the City shall remove from the roofs, gutters, projections or cornices situated upon such buildings or premises, all accumulations of ice, icicles, snow, rubbish or dirt that could slip, slide, fall or be blown upon or across any sidewalk or street. 7.10.2 Every owner or occupier of any building or premises, including any vacant lot, within the City, shall clear the sidewalk of snow and ice adjacent to the property within 24 hours following a snow event. 7.10.3 No person shall deposit snow or ice in an accumulation greater than one (1) metre in width and height at the curb line; such deposit shall not extend onto the road a distance greater than one (1) metre from the curb bordering the person's property on any street allowance or other public place intended for vehicular traffic, and any such accumulation must be confined to the area within the perimeter of the person's property. 7.10.4 Any person who deposits snow pursuant to this Bylaw shall absolve the Municipality from any and all claims. 7.10.5 No person shall deposit snow or ice on any public sidewalk or other public place intended for pedestrian traffic. 7.10.6 No person shall leave a vehicle parked in a position that causes it to interfere with the removal of snow from a highway. Page 14 of 41 7.10.7 The Director of Municipal Services, or designate, is hereby authorized to issue schedules as to when and where particular snow clearing operations are to take place, and to restrict parking in these areas while snow clearing is taking place. 7.10.8 Where a vehicle is found parked in a position that causes it to interfere with the removal of snow from a highway by a person authorized to do so by the Municipality, the person so authorized or a Peace Officer may cause the removal, detention or impoundment of such vehicle, chattel or obstruction. 7.10.9 Any vehicle, chattel or obstruction removed, detained or impounded may be recovered from the storage contractor of the City, by paying the contractor's fees for such removal and storage and upon providing proof of ownership to the contractor. 7.11 Sprinkling Regulations 7.11.1 Between April 1st and September 30th, inclusive, in each year, no person shall carry out, or permit to be carried out, landscape irrigation or outdoor cleaning on property, except as permitted under this Bylaw. 7.11.2 Outdoor water use is only permitted as follows: (a) Lawn watering shall only be permitted during the hours of 12:00 am to 10:00 am and 6:00 pm to 11:59 pm for: (i) properties with even numbered addresses on even numbered days; (ii) properties with odd numbered addresses on odd numbered days; (iii) mobile homes in mobile home parks on alternate days according to bay numbers; (iv) properties with even numbered addresses and properties with odd numbered addresses on June 1st, August 1st and September 1st; and (v) complexes using internal addresses or other identifying numbers, the internal numbers will determine the even or odd watering day; (b) Persons with properties having automatic sprinkling systems are permitted to water daily between the hours of 12:00 am and 4:00 am in place of the requirements set out in Section 7.11.2 (a) of this Bylaw; (c) All outdoor hand use of hoses for other than filling swimming pools and/or hot tubs shall be equipped with a working spring-loaded shut-off nozzle; and (d) Persons may, at any time, hand-water plants using a hose with a working spring- loaded shut-off nozzle or a hand-held container. Page 15 of 41 7.11.3 A person who has installed a new lawn, whether by the placement of sod or by seeding, or who has installed new landscaping on a substantial part of the outdoor portion of real property, may, upon payment of the fees prescribed in Schedule "J" to this Bylaw, apply to the City for a permit which will entitle the person to carry out lawn watering or landscape irrigation under the terms and conditions of the permit. (a) Permits issued under Section 7.11.3 of this Bylaw will be issued for a period of 21 days. 7.11.4 A permit issued under Section 7.11.3 of this Bylaw may be renewed on a one time only basis for a further period of not more than 21 days and subject to the same terms and conditions of the original permit, including, without limitation, the payment of fees prescribed in Schedule "J" to this Bylaw. (a) A person may not apply for more than one permit and a renewal thereof for the same property in any given calendar year. (b) Any permit issued under this Bylaw must be displayed prominently on the real property for which it is issued. 7.11.5 The Director of Municipal Services, or designate, may by public announcement, in the event of a water shortage, impose further temporary water conservation restrictions as required, for as long as necessary, to adequately conserve the water supply. 7.11.6 In any area within the City where the fire hazard rating has been set at "extreme" for a minimum of three consecutive days, the Fire Chief for the City may issue a notice to the public identifying some or all of those areas within the City as areas where the lawn watering and garden watering requirements imposed under this Bylaw will be suspended for the period specified in the notice thereby allowing property owners and occupants to take measures to reduce the fire hazard to their property by watering their lawns and gardens and spraying buildings. 8. DERELICT BUILDINGS: 8.1 Schedule "E" contains definitions of terms used in Part 8 of this Bylaw. 8.2 Regulations 8.2.1 Every owner, occupier or agent of a real property that contains a derelict building shall: (a) Maintain $2M in liability insurance and obtain a Derelict Building Registration (DBR) permit within thirty (30) days of an order by a Bylaw Enforcement Officer. Page 16 of 41 (b) Maintain the building in compliance with the standards set out in Schedule "F". (c) Secure the building in compliance with the standards set out in Schedule "G". 8.3 Exemptions 8.3.1 No owner, occupier or agent of a real property shall allow a building or structure for human, industrial or commercial use or occupancy to stand vacant for more than sixty (60) days unless one of the following applies: (a) The building is the subject of an active building permit for repair or rehabilitation, or a valid permit for demolition, and the owner is progressing diligently to complete the repair, rehabilitation or demolition. (b) The building meets all applicable codes, does not contribute to blight, is ready for occupancy and is actively being offered for sale, lease, or rent. The building is to be supplied with minimum utilities to maintain the proper functioning of the facilities as well as to prevent damage to mechanical and plumbing facilities from freezing. Commercial buildings that are classified to have a fire alarm and/or fire suppression systems must maintain electrical and heating systems to maintain these life safety components. (c) The Municipality's Building Inspector determines that the building does not contribute a nuisance or hazardous condition requiring building permits for remedial work or demolition. 8.4 Permits and Inspections 8.4.1 Where a Bylaw Enforcement Officer reasonably believes the building or structures on the property are considered a derelict building(s), the Bylaw Enforcement Officer shall notify the owner of the derelict building in writing to: (a) Apply for a Derelict Building Registration Permit; or (b) Apply for a Building Permit to renovate a building or structure to a state of safe occupancy as per Section 8.3.1 (b) of this Bylaw; or (c) Demolish the structure(s) within ninety (90) days in compliance with "City of Williams Lake Building and Plumbing Bylaw No. 1901, 2003", as amended from time to time; and (d) The Municipality's Building Inspector may require in addition to the above, a Professional Engineer licensed or registered to practice in British Columbia to perform a field evaluation of an existing structure and any required remedial work to make the structure safe for occupation or further inspections. Page 17 of 41 8.5 Inspections of Exterior of Derelict Building without Notice 8.5.1 A Bylaw Enforcement Officer during daylight hours, may enter onto land without notice to and without the consent of the owner in order to monitor a building that is boarded or appears to be derelict in order to determine: (a) Whether the building is vacant; (b) Whether a derelict building is to be boarded; and (c) Whether the building complies with this bylaw. 8.6 Derelict Building Registration Permit 8.6.1 In order to obtain a Derelict Building Registration (DBR) Permit, an owner must: (a) Apply to the Senior Building Inspector for a special safety inspection within thirty (30) days of receiving an order and pay the fee hereby imposed for such special safety inspections as specified in Schedule "H" to this Bylaw. (b) Provide an address for service of notices and orders during the period that the permit is valid and thereafter provide prompt notice of any change in the address given for service. (c) Pay any application or permit fee as established within Schedule "H". (d) Provide the Senior Building Inspector with a copy of the certificate of insurance required in paragraph 8.2.1 (a) above. (e) Ensure that all combustible materials within a derelict building are removed to reduce any potential fire load. 8.7 Commercial, Multi-family, Industrial Permit 8.7.1 Upon payment of permit fees, the owner of a commercial, multi-family or industrial building(s) may obtain a permit for a period of 24 months from the date it is issued. The permit is automatically transferred to the next owner of the property. 8.8 Residential - (Single and Two Family Properties) 8.8.1 Upon payment of the permit fees, the owner of a derelict residential building is entitled to obtain a single permit for the building(s), valid for a period of one (1) year from the date it is issued. The permit is automatically transferred to the next owner of the building. Page 18 of 41 8.9 Display of Permits 8.9.1 Owners shall display the permit in a prominent location as determined by the Municipality's Building Inspector. 8.10 Monitoring Inspections 8.10.1 Every owner with a permit shall allow for entry of a Bylaw Enforcement Officer no less than on a monthly basis into a derelict building for the purposes of ensuring: (a) The building is maintained as per Schedule "F" of this bylaw; or (b) The building is secured against unauthorized entry as per Schedule "G" of this bylaw; and to ensure the following: (i) That all combustible materials within a derelict building are removed to reduce any potential fire load; and (ii) There is no illegal occupancy; and (iii) There is no existence of rodents or any other potential health or safety risks to the community. 8.11 No Additional Permits without Council Approval 8.11.1 Once a permit has been issued, no additional permit may be issued in respect to the building until and unless: (a) Council has approved an additional permit to be issued under Section 8.13.1. 8.12 Partial Refund of Permit Fee 8.12.1 The current owner of a permit is entitled to a partial refund of the permit fee referred to in Section 8.6.1 (c) if the building is brought into compliance with Section 8.3.1 of this Bylaw. Any outstanding fees, utility charges or penalties imposed on the owner pursuant to this or another Bylaw are to be deducted from any refund paid. 8.13 Council May Order Additional Permit to be Issued 8.13.1 Upon application by an owner whose derelict building has been issued a permit under Section 8.6.1, and payment of any additional fees or penalties, Council may direct the Municipality's Building Inspector to issue an additional permit in respect of the building(s). Page 19 of 41 8.14 Criteria for Additional Permit 8.14.1 In determining whether to approve an additional permit, Council may take into account: (a) That the building(s) do not create a hazard or nuisance on adjacent buildings and the surrounding neighbourhood; (b) The viability and credibility of the owner's plans to bring the building into compliance and maintain it thereafter in compliance with this Bylaw and other bylaws; (c) The likelihood that the building(s) will be re-occupied or demolished in the future; and (d) The owner's record of compliance or non-compliance with the Bylaw and other bylaws of the City and the subject property and elsewhere. 8.15 Conditions of Additional Permit 8.15.1 In approving the issuance of an additional permit, Council may require that any conditions it considers reasonable are imposed on the additional permit. This additional permit which is valid for twelve (12) months, may be cancelled by the Municipality's Building Inspector should he/she conclude that the conditions imposed on it have not been met or have been breached. 8.16 Additional Permit Fees 8.16.1 An additional permit issued under Section 8.13.1 is conditional upon payment as described in the Schedule "H" of this Bylaw. 8.16.2 Any additional inspections performed by staff beyond monitoring inspections of the permit will be subject to additional fees as described in the Schedule "H" of this Bylaw. 8.17 Demolition of Derelict Buildings by City 8.17.1 If the owner is unable to comply with the requirements of this Bylaw, or Council determines that the derelict building is a nuisance or hazard to the community, then the City may order the owner to remove the derelict building(s) on thirty (30) days' notice by the City. If the owner does not remove the derelict buildings(s) within thirty (30) days, the City or its contractors, employees or agents may enter onto the property and perform the required work to remove the derelict building(s) and the cost of such removal may be added to the property taxes for the property. The owner may seek reconsideration by Council of the Order requiring the removal of the derelict building(s) within fourteen (14) days of receiving the order by delivering written notice to the City. Page 20 of 41 8.18 Recovery of City Costs through Sale of Property 8.18.1 Under Section 80 of the Community Charter, if remedial action requirements have not been satisfied by the date specified for compliance, the City may sell the matter or thing in relation to which the requirement was imposed or any part or material of it. 9. COMPLIANCE ORDERS: 9.1 If, in the opinion of the Bylaw Enforcement Officer, the owner of real property or other responsible person fails to comply with a requirement of this Bylaw, the Bylaw Enforcement Officer may issue an order requiring that the owner or other responsible person bring the Real Property into compliance with the provisions of this Bylaw within such time as the Bylaw Enforcement Officer considers appropriate under the circumstances. 9.2 Service of an Order 9.2.1 Service of an Order referred to in Section 9.1 will be sufficient if a copy of the order is: (a) Served personally or mailed by prepaid registered mail to the owner of the Real Property as shown on the current year's real property assessment roll; and (b) Either posted on the Real Property or delivered or mailed by regular mail to the occupier of the Real Property. 9.2.2 Notice issued under Section 9.1 herein must state: (a) The civic address of the subject Real Property; (b) The legal description of the subject Real Property; (c) The particulars of the unsightly nature of the Real Property or other non- compliance with this Bylaw to be remedied; (d) That the unsightly nature of the property or other non-compliance with this Bylaw must be remedied within fourteen (14) days of the date of delivery of the notice, or, in the case of snow, ice or rubbish on a sidewalk or footpath, within 24 hours from the time the snow, ice or rubbish is deposited thereon; (e) That if the owner or occupant fails to comply with the notice, the City may, without further notice, proceed to carry out the work required, and the cost of such work will be added to the taxes of the real property, and the owner or occupant or both may be subjected to prosecution for an offence under this Bylaw. Page 21 of 41 9.2.3 Notice issued under Section 9.1 herein may give specific instructions to remedy the unsightly nature of the real property or other non-compliance with this Bylaw, including, but not limited to, any one or more of the following directions: (a) Remove unsightly accumulations of materials or rubbish from the Real Property; (b) Remove snow, ice or rubbish from sidewalks and footpaths; (c) Clean, stack or cover any material; (d) Clear the real property of brush, trees, noxious weeds or other growths; (e) Cut grass or weeds present on the Real Property; (f) Prune trees or shrubs; (g) Remove rubbish, or cut grass, weeds or other growth from adjacent boulevards or laneways; (h) Obtain a Derelict Building Registration (DBR) Permit; (i) Maintain a building as outlined in Schedule "F"; ( j ) Secure a building as outlined in Schedule "G"; and (k) Otherwise remediate, maintain or repair the Real Property or buildings as specified in the notice, so as to bring it into compliance with this Bylaw. 9.2.4 If the owner of Real Property or other responsible person fails to comply with the Bylaw Enforcement Officer's compliance order within the time period specified in such notice, the City, by its workers or others, may at all reasonable times and in a reasonable manner, enter the Real Property and bring about such compliance at the cost of the defaulting owner or other responsible person. Such costs shall consist of all costs and expenses incurred by the City to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend property by City employees or its contractors and the costs of removal, clean up and disposal. 9.2.5 If an owner of Real Property or other responsible person defaults in paying the cost referred to in Section 9.2.4 to the City within thirty (30) days after receipt of a demand for payment from the City, the City may either recover from the owner or other responsible person, in any court of competent jurisdiction, the cost as a debt due to the City, or direct that the amount of the cost be added to the real property tax roll as a charge imposed in respect of work or service provided to the real property of the owner, and be collected in the same manner as property taxes. Page 22 of 41 9.2.6 Service of a demand for payment referred to in Section 9.2.5 will be sufficient if a copy of the demand is served personally or mailed by regular mail to the owner of the real property as shown on the current year's real property assessment roll. 10. ENFORCEMENT AND PENALTY: 10.1 Enforcement 10.1.1 Any person designated as a Bylaw Enforcement Officer pursuant to the City of Williams Lake's Bylaw Offence Notice Enforcement Bylaw, or any person named as the enforcement officer pursuant to the City of Williams Lake's Ticket Information utilization Bylaw, is hereby authorized and empowered to enforce the provisions of this Bylaw by Bylaw Notice or Municipal Ticket Information, or as otherwise provided by this Bylaw. 10.2 Penalty 10.2.1 Every Person who contravenes or violates any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, is guilty of an offence and is subject to the following enforcement provisions: (i) to the penalties imposed by the Offence Act, or. (ii) to a fine as imposed by means of a Municipal Ticket Information under the Community Charter or a Bylaw Notice under the Local Government Bylaw Notice Enforcement Act. 10.2.2 All penalties relevant to contraventions of this Bylaw being addressed within the provisions of Section 10.2.1 (ii) are contained in Schedule A-20 of the City of Williams Lake Bylaw Notice Enforcement Bylaw No. 2196, 2013. 10.2.3 Where the offence is a continuing one, each day the offence continues shall be a separate offence. 10.3 Vicarious Liability 10.3.1 When upon reasonable grounds a Peace Officer/Bylaw Enforcement Officer believes that a contravention of this bylaw has been committed by: (i) an employee of a corporation, that corporation shall be deemed to have committed the offence for which its employee has committed; (ii) an Occupier has committed an offence pursuant to this Bylaw the Owner of the Property shall be deemed to have committed the contravention of this Bylaw; and Page 23 of 41 (iii) a motor vehicle or trailer, notwithstanding it is registered or not, the registered Owner as shown on the registries database shall be deemed to have committed a contravention of this Bylaw. 11. REPEAT NUISANCE SERVICE CALLS: 11.1 Where a member of the RCMP, a Bylaw Enforcement Officer, or other City Official is required to respond to a Real Property for: (i) More than one (1) nuisance service call within a twenty-four (24) hour period, or (ii) More than two (2) nuisance service calls within a twelve (12) month period, the owner of the Real Property shall be liable to pay an Excessive Nuisance Abatement Fee in accordance with the amounts prescribed in Schedule "I" for each additional nuisance service call responded to at the same Real Property within the twelve (12) month period following the date of the notice referred to in Section 11.2. 11.2 Before imposing an Excessive Nuisance Abatement Fee, written notice shall first be provided to the owner of the Real Property, as per a form letter approved by the City, as follows: (i) Describing in reasonable detail the nature of the nuisance conduct, activity or condition that occurred, or was maintained or permitted in, on or near the Real Property; and (ii) Advising the owner that excessive nuisance abatement fees will be imposed for each additional nuisance service call to the same Real Property and that the imposition of such fees is in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance. 11.3 Service of the Notice referred to in Section 11.2 will be sufficient if the notice: (i) In the case of service on an individual, is served personally or mailed by prepaid registered mail to the address of the owner shown on the current year's real property assessment roll for the Real Property for which the notice is issued; (ii) In the case of service on a Corporation, is served personally on a director, officer or manager of the corporation or by leaving it at or mailing it by prepaid registered mail to the registered office of the corporation. 11.4 Excessive Nuisance Abatement Fees shall be paid by the owner on receipt of an invoice from the City. If the amount of each invoice is not paid in full before the 31st day of December in the year received, on written notice to the owner, the amount shall be added to and form part of the taxes on the Real Property, as taxes in arrears. BL2236 (01/12/15) Page 24 of 41 11.5 An owner may, within thirty (30) days of receipt of an invoice demanding payment of Excessive Nuisance Abatement Fees, require that Council reconsider the requirement to pay, or the amount of, the Excessive Nuisance Abatement Fees, at which time the owner of the Real Property shall have an opportunity to be heard by Council. 12. SCHEDULES: 12.1 The following schedules are attached to and form part of this bylaw and are enforceable in the same manner as this bylaw: Schedule "A" - General Bylaw Definitions Schedule "B" - Street Nuisance Definitions Schedule "C" - Noise Regulation Definitions Schedule "D" - Property Maintenance Definitions Schedule "E" - Derelict Building Definitions Schedule "F" - Derelict Building Regulations Schedule "G" - Derelict Building Standards Schedule "H - Derelict Building Registration Fees Schedule "I" - Excessive Nuisance Fee Schedule Schedule "J" - Sprinkling Permit Fees 13. ADOPTION: 13.1 That this Bylaw shall come into force and take effect upon the date of final adoption by the Council of the City of Williams Lake. READ A FIRST TIME THIS 22nd DAY OF July , 2014 READ A SECOND TIME THIS 22nd DAY OF July , 2014 READ A THIRD TIME THIS 22nd DAY OF July , 2014 RECONSIDERED AND ADOPTED THIS 2nd DAY OF September , 2014 _______________________________ MAYOR _______________________________ CORPORATE OFFICER Page 25 of 41 SCHEDULE "A" - BYLAW NO. 2194, 2014 "GENERAL BYLAW DEFINITIONS" (2 Pages) In this Bylaw: "BYLAW ENFORCEMENT OFFICER" means the persons duly appointed by Council as such, and shall include any peace officer. "SENIOR BUILDING INSPECTOR" means the person appointed from time to time as the Senior Building Inspector by the Council of the City. "CITY" means the City of Williams Lake or the area within the municipal boundaries as the context may require. "COUNCIL" means the Council of the City of Williams Lake. "EXCESSIVE NUISANCE ABATEMENT FEES" include, but are not limited to the following costs and expenses incurred while responding to a nuisance service call for the purpose of abating nuisance conduct, activity or condition: 1. The cost of Police and City staff salaries, including all fringe benefits; 2. The cost of using Police, Fire and City equipment and vehicles; 3. The administration costs incurred by the City in responding to a nuisance service call and abating a nuisance; and 4. The cost of repairs to damaged City equipment, vehicles or property. "HIGHWAY or OTHER PUBLIC PLACE" includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct and any other way open to public use and any park, building, conveyance, private place or passageway to which the public has, or is permitted to have access or is invited. "LICENCE INSPECTOR" means the person from time to time duly appointed as a license Inspector for the City of Williams Lake, any person acting in that capacity, and includes the Manager, Building Official, Bylaw Officer, and Building license Clerk. "MANAGER" means the General Manager of Planning and Operations and his or her designate. "MOTOR BOAT" means a boat or any vehicle used on water that is powered by an engine. "NOXIOUS WEED" means any weed designated by regulation to be a noxious weed pursuant to the British Columbia Weed Control Act. "NUISANCE" means anything that annoys or gives trouble, or that which is offensive, irritating or a pest to anyone residing within the City. "NUISANCE SERVICE CALL" means a City or police response to an abatement of any nuisance or other activity, conduct or condition occurring on or near real property which substantially and unreasonably interferes with another person's use and enjoyment of a public place or of real property occupied by that person, or which causes injury to the health, comfort or convenience of an occupier of real property and which is caused by or arises from a person's failure to comply with the requirements of this Bylaw. I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "A" TO BYLAW NO. 2194. Page 26 of 41 "OWNER" means the person(s) or organization listed as the title holder on a property's legal certificate of title. "PEACE OFFICER" has the same meaning as in the British Columbia Interpretation Act and includes a Bylaw Enforcement Officer. "PERSON" includes a natural person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a person to whom the context can apply according to law. "REAL PROPERTY" means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the real property, and includes, as the context requires, individual premises located on the real property. "TRAFFIC CONTROL SIGNAL" means a traffic control signal as defined in the British Columbia Motor Vehicle Act. Page 27 of 41 SCHEDULE "B" - BYLAW NO. 2194, 2014 "STREET NUISANCE DEFINITIONS" (2 Pages) In Part 5 of this Bylaw: "AUTOMATED TELLER MACHINE" means a device linked to a financial institution's account records which are able to carry out transactions, including, but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments. "BUS STOP" means a section of street which is reserved for the loading and unloading of buses and where parking and stopping of all other vehicles is prohibited. "FIGHT" means any confrontation involving violent physical contact between two or more people; but shall not include the definition of assault under the Criminal Code of Canada. "PANHANDLE" means to beg for, or without consideration, ask for money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for one's self or for any other person but does not include soliciting where approved by the City. "PUBLIC PLACE" means any Property, whether publicly or privately owned, to which members of the public have access as of right, or by express or implied invitation, whether on payment of any fee or not; "OBTRUCTION" means to: (a) Sit or lie on a highway in a manner which obstructs or impedes the convenient passage of any pedestrian traffic on a highway, in the course of panhandling; (b) Touch a person while panhandling; (c) Continue to panhandle from or otherwise harass a pedestrian after that Person has made a negative initial response to panhandling or has otherwise indicated a refusal; (d) Physically approach and panhandle from a pedestrian as a member of a group of two or more persons; (e) Panhandle on a highway within ten (10) metres of: i. An entrance to a bank or trust company; ii. An automated teller machine; iii. A bus stop; iv. A bus shelter; v. The entrance to any liquor store or licensed retail liquor store; vi. The entrance to a movie theatre or sidewalk cafe; vii. A pay telephone; viii. An entrance to or within an enclosed or covered pedestrian walkway; ix. A public washroom; x. An entrance to a church or place of worship; (f) panhandle from an occupant of a vehicle in a manner which obstructs or impedes the convenient passage of any vehicular traffic or on a highway; (g) panhandle from an occupant of a motor vehicle which is; i. Parked; ii. Stopped at a traffic control signal; or iii. Standing temporarily for the purpose of loading or unloading. (h) panhandle after sunset on any given day; I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "B" TO BYLAW NO. 2194. Page 28 of 41 (i) panhandle in such a way as to impede the ability of a person entering or exiting a place of business; (j) panhandle from a person standing on a highway or other public place for the purpose of entering any building or purchasing any goods or services; (k) panhandle from a person seated at a sidewalk cafe; (I) panhandle on a private property without the property owner's consent; (m) obstruct whether individually or as a group, the passage of a solicited person; (n) panhandle using obscene or abusive language. "STREET" means any highway, roadway, sidewalk, boulevard, place or right of way which the public is ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas; "TRAFFIC CONTROL SIGNAL" means a traffic control signal as defined in the Motor Vehicle Act, R.S.B.C., 1996 c. 318, as amended, from time to time. "TRUST COMPANY" means an office or branch of a trust company to which the Trust and Loans Companies Act (Canada) applies and in which deposit accounts are held. Page 29 of 41 SCHEDULE "C" - BYLAW NO. 2194, 2014 "NOISE REGULATION DEFINITIONS" In Part 6 of this Bylaw: "EXCESSIVE NOISE/NUISANCE" means a degree of noise and/or nuisance that is beyond a normal disturbance of quiet, peace, rest, enjoyment comfort or convenience of any persons or persons in a neighborhood or vicinity of that place as to be determined by the attending bylaw officer or RCMP officer. "MOBILE PUBLIC ADDRESS SYSTEM" means a public address system that can be used or is used while mounted on a motor vehicle, trailer or such other device transported or moved by human power. "PUBLIC ADDRESS SYSTEM" means a sound amplification system, either by megaphone or electronically, used outdoors to disseminate the spoken word and/or music to the public in general, and includes outdoor sound amplification systems used for purposes of a performance, concert, exhibition or entertainment, but does not include systems used for internal communications in schools and businesses. I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "C" TO BYLAW NO. 2194. BL2236 (01/12/15) Page 30 of 41 SCHEDULE "D" - BYLAW NO. 2194, 2014 "PROPERTY MAINTENANCE DEFINITIONS" (3 Pages) In Part 7 of this Bylaw: "ACCUMULATION" means a buildup, growth or collection, either scattered amassed or piled, existing at the time of inspection. "BOULEVARD" means that portion of highway between the curb lines or the lateral boundary lines of a road way and the adjoining property or between the curbs on median strips or islands, but does not include curbs, sidewalks, ditches or driveways. "BUILDING MATERIALS" means material or debris which may result from construction, renovation, or demolition of any building or other Structure and includes but is not limited to wood, Gypsum board, roofing, vinyl siding, metal, packing material and containers of Building Materials, gravel, concrete and asphalt and any earth, rocks and Vegetation displaces during such construction, renovation or demolition of any building or other Structure. "COMPOSTING" means the managed practice of recycling organic material, including food and yard waste, through biological degradation in a container or pile, to create a usable soil conditioner. "CONTAINER" includes a dumpster, garbage can, garbage bin or other receptacle designed, intended or used to hold rubbish, discarded materials and debris. "CONTROLLED SUBSTANCE PROPERTY" as defined in the Nuisance, Noxious or Offensive Undertaking, Heath and Safety Bylaw 2005-2006. "DERELICT" (dilapidated) shall mean a building or structure deserted by an owner or keeper, abandoned. "DERELICT VEHICLE" means any vehicle or part thereof, propelled otherwise than by muscle power which: - Is physically wrecked or disabled; and - Is not capable of operating under its' own power. "DISCARDED MATERIALS" includes the accumulation of wood, appliances, furniture, mattresses, motor vehicle parts or tires, construction materials, toys, recreational or sporting equipment carpeting or any other materials or equipment whereby its placement upon the Real Property is not consistent with its intended normal use or due to its condition and or state of disrepair is not usable for its normal intended use. "FILTH" means foul or putrid matter. "FIREWOOD" includes pieces of logs, split logs, tree limbs or branches, pruning's, lumber, scrap wood, manufactured logs or any other wood based materials which are "Permitted Wood Burning Appliance Fuels", intended to be used for burning in a solid fuel burning appliance or fireplace. "FRONT LOT LINE" means the property boundary line which abuts a highway, and in the case of a corner lot it shall be the shorter of the property lines which abut two or more highways; "GARDEN WATERING" means the application of water to flower beds or vegetable gardens I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "D" TO BYLAW NO. 2194. Page 31 of 41 "GRAFFITI" means any unauthorized drawing, mural, printing or writing which is scribbled, scratched, sprayed, painted, or similarly placed directly on any surface by means of paint, ink, or other substance or by chisel, hammer, stone or other device, but does not include any of the following: (a) Signs, murals, notices, and traffic control devices authorized by any City bylaw or provincial or federal legislation; (b) Murals approved by Council in accordance with the Mural Approval Policy "GRASS" shall include plants that are commonly known or referred to as grass. "LANE" means a public thoroughfare or way which affords only a secondary means of access to a lot at the side or rear. "LAWN WATERING" means the application or distribution of water to lawns, by aerial spray, flooding or surface application, but does not include drip irrigation or distribution of water by means of hand held containers nor the distribution of water by hand held hoses equipped with a spring loaded shut off device. "MURAL" means any authorized - by City bylaw or Council approval - painting, drawing, sketching, or other markings that are inscribed, painted, or otherwise applied directly upon any building, wall, fence, or any other structure, and does not include any advertising content or logos. "NOXIOUS WEEDS" means a weed designated by the Weed Control Act, Chapter/Regulation 487, and the Weed Control Regulation to be a noxious weed, and includes the seeds of a noxious weed. Nuisance" includes any use of or activity upon any Property which is offensive to any Person, or has or may have a detrimental impact upon any Person or other Property in the neighbourhood. OCCUPANT" includes: - A person residing on or in the property; - The person entitled to the possession of property if there is no person residing on or in the property; and - A leaseholder, and shall include the agent of any such person. "OFFENSIVE MATTER" means physical objects which are objectionable to the public. "OPEN COMPOSTING PILE" means a Composting site which is not fully contained in a Structure. "PEST" means any animal, bird, reptile, or insect which causes, or could reasonably be expected to cause annoyance, damage, or injury to any Person, animal or plant. "REAR LOT LINE" means the lot line or lines opposite to and most distant from the front lot line or, where the rear portion of the lot is bound by intersecting lot lines, the point of such intersection; "RECREATIONAL VEHICLE" means a Vehicle used or intended for use as a shelter, and without restricting the generality of the foregoing, includes any motor-home, holiday Trailer, camper, tent Trailer and any bus or truck converted for use as a Recreational Vehicle BL2362 (21/06/22) BL2362 (21/06/22) Page 32 of 41 "RUBBISH", in addition to its common dictionary meaning, shall include decaying or nondecaying solid and semi-solid wastes, including, but not limited to, both combustible and non-combustible wastes, such as paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled, scrap iron, tin and other metal, scrap paving material, construction and demolition waste, derelict vehicles and other vessels, tires, machinery, mechanical or metal parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes from fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeds, dead trees and branches, stumps, and piles of earth mixed with any of the above. "OUTDOOR CLEANING" means any and all use of running water for the purpose of outdoor cleaning of surfaces and structures, including without limitation, the washing or rinsing of vehicles, driveways, sidewalks, patios and buildings "STORED VEHICLE" means a motor vehicle that is stored or parked upon a Real Property and is not licensed and insured for operation on public highways. "STREET" means any highway, roadway, sidewalk, boulevard, place or right of way which the public is ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas. "UNWHOLESHOME MATTER" means physical objects which are detrimental to the physical or mental well-being of persons. "UNSIGHTLY" means any Property which, because of deposits of rubbish, Litter, garbage, Weeds, or lack of general maintenance to a Structure or Property, whether or not the condition of the property impacts the Property values of the Property or other Properties on the area; and. (i) In respect of a structure, a structure whose exterior shows signs of significant physical deterioration, relative to adjacent lands and land uses or relative to other lands and land uses that could reasonably be considered to be in the neighbourhood. (ii) In respect to land, land that shows signs of serious disregard for general maintenance and upkeep, relative to adjacent lands and the land uses or relative to other lands and land uses that could reasonably be considered to be in the neighbourhood. "VEGETATION" means the collective plant cover over an area including but not limited to; trees, shrubs, brushes and the total plant communities of a region; "YARD MATERIAL" means any waste material of an organic nature formed as a result of gardening, horticultural pursuits, or agricultural activities including Grass, tree and hedge cuttings, waste sod and decomposing plants, leaves and weeds. "WATER" means water supplied by the City's water distribution system "WEED" means any unplanned or uncultivated plant growth or bush and shall include any landscaping that is damaged, excessively overgrown or characterized by a lack of maintenance, but does not include any tree. Page 33 of 41 SCHEDULE "E" - BYLAW NO. 2194, 2014 "DEREILCT BUILDING DEFINITIONS" (2 Pages) In Part 8 of this Bylaw: "BOARD" shall mean a building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals. The boarding requirements are outlined in Schedule "G". "CERTIFIED PROFESSIONAL" means a person who is a member, in good standing, of the Association of Professional Engineers and Geoscientists of the Province of British Columbia. "DERELICT BUILDING" shall mean a building or structure, which is without lawful resident or occupant or which is not being put to a lawful commercial, residential, or industrial use for a continuous period of sixty (60) days or which, may be unoccupied and unsecured; occupied and secured by boarding or other similar means; unoccupied and deemed a nuisance or hazardous building or structure or no longer hold a valid building permit. "FIRE CHIEF" means the person appointed from time to time as the Chief of the Fire Department by the Council of the City. "HAZARD OR HAZARDOUS" shall mean a physical condition created by neglect, a controlled substance property, and fire or flood damage and is considered unsafe for habitation or storage without remedial action. Hazardous conditions may arise in violations to City and Provincial Health and Safety regulations or Bylaws. Hazardous conditions could arise from: - Substantial mold growth; - Water damage which could contribute to mold or structural failure; - Subsiding of foundations which could lead to water damage and structural failure; - Incomplete construction (expired permit) which could deteriorate and lead to structural failure or hazards to adjacent properties and or general public; - Incomplete demolition or standing water in excess of 24" in depth; and - Electrical, plumbing, mechanical or a combination of which could adversely affect structural integrity. "MONITORING" shall mean a periodic site review to ascertain whether the: - Buildings that are the subject to complaints; - Buildings that are dilapidated; - Buildings that are eyesores (nuisance); - Buildings that are dangerous (hazard); - Boarded buildings; and - Buildings that have been vacant for extended periods of time. I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "E" TO BYLAW NO. 2194. Page 34 of 41 NUISANCE" shall mean any building, structure or property that does not meet the standards set forth under Schedule F of this Bylaw: - Exterior not up to Code; - Windows and/or doors are boarded, not ready for occupancy; - Structure is a neighbourhood blight and may include debris or broken windows; - Structure attracts transients, pests or crime; - Structure is neglected by owner; - Paint peeling throughout structure; and - Standing water. "SENIOR BUILDING INSPECTOR" includes The Chief Building Official and Building Officials, and Plan Checkers designated by the Corporation of the City of Williams Lake. "SPECIAL SAFETY INSPECTION" means a specific on-site review to ascertain the status of health, structural and life safety conditions of a building and may include the Building Official, the Fire Chief of the City, a member of the Royal Canadian Mounted Police of the City, a Provincial Health Inspector, BC Safety Authority Inspector or the deputy or designate of such a person. Page 35 of 41 SCHEDULE "F" - BYLAW NO. 2194, 2014 "DERELICT BUILDING REGULATIONS" (2 Pages) The owner of a derelict building must comply with the following maintenance standards of this Schedule. EXTERIOR WALLS 1(1) The exterior of every building must be constructed, repaired and maintained in a manner that; (a) Ensures the integrity of the building envelope to protect the building from the weather and from infestations of insects, rodents and other pests; and (b) Prevents a substantial depreciation in property values in the immediate neighbourhood. 1(2) Without restricting the general obligation set out in subsection (1): (a) All exterior surfaces must consist of materials that provide adequate protection from the weather; (b) All exterior walls and their components, including coping and flashing, must be maintained in good repair; (c) All exterior walls must be free of holes, breaks, loose or rotting boards or timbers and any other condition which might permit the entry of insects, rodents or other pests to the interior of the wall or the interior of the building; (d) Exterior wood surfaces must be adequately protected against deterioration by the periodic application of paint, stain or other protective coating; (e) No more than 25% percent of any painted area of any exterior wall may be blistered, cracked, flaked, scaled, or chalked away; (f) The mortar of any masonry or stone exterior wall may not be loose or dislodged. (g) The exterior of every building must be free of graffiti; and (h) Loose material must be removed from exterior walls, doors and window openings. ROOFS 2(1) Roofs must be constructed and maintained so as to prevent: (a) Rainwater or melting snow falling on the roof from entering the building; (b) Rainwater or melting snow falling on the roof from negatively affecting neighboring buildings or properties; and (c) Objects and materials from falling from the roof. I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "F" TO BYLAW NO. 2194. Page 36 of 41 2(2) Without restricting the general obligation set out in subsection (1): (a) Roofs, including facia boards, soffits, cornices, flashing, eaves troughing and downspouts must be maintained in a watertight condition. (b) Roof drainage must be controlled in order to eliminate or minimize runoff to neighboring properties that (i) Accumulates or causes ground erosion; (ii) Causes dampness in the walls, ceilings or floors of any portion of any neighboring building; and (iii) Accumulates on sidewalks or stairs in a manner so as to create a hazardous condition. (c) Loose or unsecured objects and materials, including accumulations of snow or ice or both that are likely to fall on passersby or are likely to result in the collapse of the roof, must be removed from the roof of a building or an accessory building. FIRE PROTECTION SYSTEMS 3(1) Unless a fire protection system has been decommissioned by permission of the Fire Chief, it must be maintained in an operational condition. 3(2) Unless a fire alarm system has been decommissioned by permission of the Fire Chief, it must be connected to an approved fire signal receiving centre in compliance with Can/ULC- 8561-03, adopted and published by the Underwriters' Laboratories of Canada, so as to notify the Fire Department of a fire alarm activation in the building. Page 37 of 41 SCHEDULE "G" - BYLAW NO. 2194, 2014 "DERELICT BUILDING STANDARDS" (2 Pages) The owner of a derelict building must comply with either Part I or Part II of this Schedule, prior to being issued a Derelict Building Permit. PART I In order to comply with Part I of this Schedule, the owner of a derelict building must ensure that: (a) All exterior doors to the dwelling are operational, fit tightly within their frames when closed and are locked so as to prevent entry; (b) All windows are either permanently sealed or locked so as to prevent entry; (c) All windows, doors, basement and attic hatchways and their frames are so constructed and maintained to completely exclude rain and substantially exclude wind from entering the building; and (d) All windows are in good repair, and properly glazed. PART II In order to comply with Part II of this Schedule, the owner of a derelict building must ensure that the following requirements are met: (a) All doors, windows and other openings, other than the principal entrance, at the basement and main (first) floor levels must be covered in compliance with this Part with a solid piece of plywood, at least 11 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. (b) The principal entrance must be covered in compliance with this Part with a solid piece of plywood, at least 11 millimetres thick, adequately secured with screws at least 50 millimetres in length, spaced not more than 150 millimetres on centre. (c) Windows, doors and other openings at the second floor level must be covered in compliance with this Part with a solid piece of plywood, at least 8 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. (d) Windows, doors and other openings at the third floor level or higher must be either: i. Secured in accordance with Part I of this Schedule; or ii. Covered in compliance with this Part with a solid piece of plywood, at least 8 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. (e) Windows, doors and other openings at the third floor level or higher may be secured from inside the building; plywood applied to all other openings must be secured from the exterior. I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "G" TO BYLAW NO. 2194. Page 38 of 41 (f) Plywood applied to openings must be installed and maintained in a way that is weather-tight and must be protected from the elements with at least two coats of white paint. A hole must be cut in the plywood just large enough for the door hardware to protrude. (g) All floors above the first floor must be rendered inaccessible to entry by raising fire escapes and ladders to a height of at least four metres or guarding them in some other manner acceptable to an Enforcement Officer. (h) All areaways must be adequately secured either by: i. Filling them with concrete or unshrinkable fill; or ii. Covering opening to them with a metal plate of at least 8 millimetres thick and securing it so as to prevent it from shifting. (I) Electricity, natural gas and water must not be cut off if they are necessary to maintain fire protection systems or fire alarms. (j) Where they are not necessary to maintain fire protection systems or fire alarms, electricity, natural gas and water must not be cut off except in a manner satisfactory to an Enforcement Officer. Page 39 of 41 SCHEDULE "H" - BYLAW NO. 2194, 2014 "DERELICT BUILDING PERMIT REGISTRATION FEES" Fee for Special Safety Inspection prior to registration $500.00 Fee for Subsequent Inspections not related to Derelict Building Registration Permit $130.00 per Inspection Fee for Derelict Building Registration Permit (12 month maximum) for each building or structure located on a single and two family zoned properties $1,500.00 Fee for Derelict Building Registration Permit (24 months maximum) for each building or structure located on all other zoned properties $3,500.00 Fee for Additional Derelict Building Registration (12 month maximum $1,500.00 75% of Derelict Building Permit may be refunded if it is remediated or demolished within first six (6) months of registration I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "H" TO BYLAW NO. 2194. Page 40 of 41 SCHEDULE "I" - BYLAW NO. 2194, 2014 "EXCESSIVE NUISANCE FEE SCHEDULE" OFFENCE TIMETABLE FEE FOR SERVICE - FEE SCHEDULE First offence = warning only Second offence = $1,080.00 fee Third offence and subsequent offences = $270.00 fee I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "I" TO BYLAW NO. 2194. BL2236 (01/12/15) Page 41 of 41 SCHEDULE "J" - BYLAW NO. 2194, 2014 "SPRINKLING PERMIT FEES" FEES 1. The following fees will apply to the issuance of a permit or a renewal pursuant to the Sprinkling Regulations of the Bylaw a. Single Family or Duplex Residential ............... $25.00 b. Townhouse Developments ............................ $25.00 per townhouse to a maximum fee of $150.00 c. Apartment Complexes ................................... $150.00 d. Commercial Property ..................................... $150.00 e. Industrial Property ......................................... $150.00 f. Institutional Property .................................... $150.00 I, CINDY BOUCHARD, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "J" TO BYLAW NO. 2194.